Applying for a German Banking licence/authorisation (ECB/BaFin) – legal support
From the legal analysis of the business model to the drafting of client terms and conditions and communication with BaFin and the ECB – German lawyers guide you through the entire process.
Are you planning to apply for a German banking licence under the German Banking Act (KWG)? As specialised lawyers, we structure your project – from the legal analysis of the business model to the drafting of client terms and conditions and essential outsourcing agreements, through to communication with BaFin/ECB via the IMAS portal.
Institutions from the US, Japan or Australia should also refer to this article.
Our services – German banking licence (KWG)
Modular or “end-to-end” – Kronsteyn supports you from the legal analysis through to the final authorisation.
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Legal analysis of the business model
Legal structuring, classification of banking transactions/financial services, red-flag analyses. -
Strategy & structure
Full vs. partial banking licence, group structures, holding company, outsourcing (details). -
Documents & client terms
Client GTCs, compliance manual, AML concepts, policies. -
Managing directors – Fit & Proper
Profiles, roles, time allocation, preparation for supervisory follow-up questions. -
BaFin/ECB & IMAS
Submission, response management, ongoing communication with supervisors. -
Project management
Timetable, checklists, quality assurance, handling of additional submissions.
We assess whether your business model requires a banking licence under the KWG or whether a WpIG licence for investment firms, a ZAG authorisation for payment institutions, or a MiCAR approval for crypto-asset services is applicable.
Kick-off & scoping: Products, target markets, client groups, and delineation from WpIG/ZAG/MiCAR.
Governance & capital: Group structure, management functions, outsourcing, capital.
Compliance and client documents: Client T&C, outsourcing agreements, manuals.
Application documents & submission: Drafting/reviewing and filing with BaFin/ECB.
Review & authorisation: Handling of inquiries and additional submissions until the formal decision.
Your path to obtaining a German banking licence
Distinction between the German banking licence and other licences: KWG vs. WpIG, ZAG and MiCAR
See here for details on distinctions (WpIG/ZAG/MiCAR).
Documents for the German banking licence application (BaFin/ECB)
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Identity, shareholders (qualified holdings), organisational chart
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Managing director profiles, responsibilities, time allocation
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Activity programme, business plan, profit/liquidity planning
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Organisation, internal controls, AML/CFT, compliance manual
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IT/resilience (DORA), outsourcing (drafts/contracts)
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Capital evidence, source of funds, audit mandate
Note: The level of detail and scope depend, among other things, on CRR status and the business model.
FAQ on the German banking licence procedure
Let’s discuss your banking licence
Planning to apply for a German banking licence? We clarify structure, documentation and the most efficient path to obtaining authorisation. Your contact: Lawyer Dr Hendrik Müller-Lankow.
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